Statement of Mrs. Andrew Cox before the Mr. Chairman, members of this distinguished Subcommittee, my name is Mrs. Andrew Cox from St. Petersburg, Florida. I would first like to express my personal gratitude to Chairman Murtha and the members of this Subcommittee for not only providing me with this opportunity to testify before you but also the support you have provided to me and the other approximately 9,000 military families who have either lost or will lose their CHAMPUS coverage during their greatest time of need. In particular, I would like to thank Congressman Bill Young for his continuing support and assistance with my crisis. I am an average citizen who represents no organization. I am a homemaker, assistant manager of a travel agency and the proud wife of a disabled military retiree, who I love greatly and is here with me today. I realize that the hearing this morning is concentrating on the military health care system, CHAMPUS, and it's impact upon the active duty service members and military retirees for whom it provides coverage. As a long time user of this health care system, I hope I can have a meaningful input. Briefly let me tell you my story. My husband and I saved for 4 years pursuing the American Dream of owning our first home. We achieved this dream on Wednesday, October 14, 1987. That weekend we were painting the inside of the house before moving in. On Sunday, October 18th, the ladder on which Andy was standing collapsed. He hit his head causing him to lapse into a coma. After year of being hospitalized and without noticeable improvement in his condition, I was able to bring Andy home with the approval of the CHAMPUS program. For nearly a year and a half, CHAMPUS provided the 24-hour, skilled nursing care he required. Slowly he began to improve. However, 29 months after Andy's freak accident, CHAMPUS cut off his medical benefit; abandoning him as if he had no value, no worth. This action put Andy's life in jeopardy. I was forced to sell our home and furniture to provide Andy with the health care he needed to survive. Fortunately, we were able to move in with my mother. My husband, Staff Sergeant Andrew Cox, faithfully and honorably served his country for over 22 years in the United States Navy and Army. I was appalled and could not believe that in America, our government would deny care to one of it's military retirees. After no logical explanations were provided by the Defense Department as to why these benefits were taken away from the 100% 2 19 year old loophole which discriminated against military retirees who become 100% disabled. It seemed no retiree had complained because they were too sick, too disabled, or afraid they would loose what benefits they had left. They do not tell you if you stay in the military for 20 years or more and retire that you will be provided with a medical benefit which you can only keep if you stay fairly healthy. My husband received CHAMPUS as part of his retirement. The Defense Enrollment Eligibility Reporting System (DEERS) computer listed 9,100 military retirees and dependents as being 100% disabled. However, the DOD argues that there are many more disabled retirees, making this issue cost prohibitive. If that is true, this loophole is even more appalling. CHAMPUS did not have the right to take away someone's entitled benefit. The military retiree who became 100% disabled was being discriminated against solely because of his disability. My husband's peers continued to have access to their medical benefits just because they were not 100% disabled. If the men/women who serve our country and put their lives on the line daily are "America's Finest", why are they being treated so badly when they become disabled? It is like saying they are "America's Finest" only if they do not become defective. It is sad that my husband, and men/women like him, spent years fighting for their country and government, yet when something happened to them they had to turn around and fight the government they defended. This loophole had left my husband and me virtually homeless and without health care. I decided to take our story public in May of 1990, as I could not accept that this is what Congress had in mind when this loophole was created. On Christmas Eve, 1990, almost 9 months after being cut off from CHAMPUS, I received a recoupment letter from the Department of Defense stating Andy was not entitled to the coverage he had received almost two years earlier; and CHAMPUS wanted the money back. One week after Christmas, a second and third letter arrived asking for additional funds to be reimbursed, making the total amount requested over $200,000. This action by CHAMPUS forced us to declare bankruptcy and lose our dignity. Along with the financial devastation, the emotional strain of the daily fight to keep my husband alive without health care was sometimes unbearable; but I did not lose my will to fight for Andy and what I knew was right. July the Fourth there was a parade in Washington, D.C. to honor veterans. Yet if something happens to one of those veterans, the government hardly remembers his name; and if he becomes disabled they take away his benefits? In November we celebrated yeteran's 3 Day. It is ironic to me that we can shut down the government and readily honor our deceased veterans, however, we have a difficult time taking care of our living ones. Congressman Bill Young of Florida, my Congressman, introduced legislation, H.R. 467, to correct this inequity against the disabled military retiree. In addition, he added an amendment to the FY92 Defense Appropriations Bill which this Subcommittee approved on May, 22, 1991 and which was eventually signed into law November 26th. Our story should end here with a happy ending, but it does not. It is now 3 1/2 months since the law was passed and nothing has happened. In contacting the CHAMPUS office in Aurora, Colorado, I was informed that it could take another 8 months before they get around to implementing this regulation, while men/women like my husband are still suffering. That could be longer than it took Congress to pass the provision. I understand that not one of the approximately 9,000 completely disabled military retirees have been notified by CHAMPUS of the change in the law. Also, I was informed that benefits for the disabled beneficiary will be paid differently than all other CHAMPUS beneficiaries, once again discriminating against them. The current method of payment for CHAMPUS beneficiaries is coordination of benefits. However, CHAMPUS is proceeding with a new formula for the 100% disabled, benefits-less-benefits, whereby CHAMPUS will end up paying for nothing. I do not believe this was the intent of Congress. I As of this date, I am no better off than I was six months ago. could not even get food stamps, because I did not income qualify, even though I have no money. They did not care that all my funds go to my husband's medical needs. Fortunately, my mother has been able, so far, to buy our food and furnish us with a home. I thought the DOD was suppose to be the protector of the men/women in uniform? An official in DOD was asked why the military retiree benefits were always being cut and not raised to the civil service federal employee level of health care. His answer was that he paid for his benefits and ours was free. CHAMPUS has a $10,000 a year catastrophic cap payment by retirees. I wonder how much his yearly premium is? Would his health care provider pull his benefits should he become disabled or reach age 65? He was never in the military, so he did not serve in WWI, WWII, Korea, Vietnam, or the Persian Gulf. He should understand that "FREEDOM ISN'T FREE". After numerous delays and cancellations by CHAMPUS for 15 extremely stressful months, my appeal is suppose to begin this month for the over $200,000 CHAMPUS is trying to recoup for Mr. Chairman, distinguished members, I am bankrupt. I have lost our home, I have had to sell our furniture and many of our personal belongings, my husband's health care has been unjustly taken away from him, I'm forced to live with my mother who has heart problems, I'm dependent on volunteers to provide Andy's necessary medical care, many times, I have nearly lost my husband because of this system, he loses his CHAMPUS again at age 65, and the Defense Department is suing me. How much worse can the Department of Defense health care system make my life? I believe, Mr. Chairman, that you and this committee know that the Defense health care system needs dramatic improvement. It needs to come into the 90's and be more aware of the health care requirements of it's beneficiaries keeping it's promise to take care of the men and women who we ask to do the things the rest of us are not willing to do. It needs to improve its benefits and not continuously eliminate care in order to save money. These are "America's Finest" and they should be treated as such; it is time we take care of our own as readily as we take care of the rest of the world. To quote Abraham Lincoln, "to care for him who shall have borne the battle." Thank you for letting me tell our story and I would be happy to answer any questions members of the Subcommittee might have. Note: The following is a sequential list of the included information. One of the three letters from CHAMPUS recouping the coverage for Andy's past care. Letter from Andy's doctor describing his medical condition and needs at the time CHAMPUS was "mistakingly" providing coverage. Newspaper articles from St. Petersburg Times, Washington Post, and Miami Herald. o A letter of support from the Disabled American Veterans, one of the many organizations who have pledged their support. on (see attached) we sent you & checks in the amount of $ (see attached) Por the formal review by CCHAMPUS dated The Federal Claims Collection Act, beginning at 31 U.S.C. percent per year. Interest charges will be waived if Additionally, federal agencies are required to assess a Admistered by WPS |